Wakilii

Ddumba and 2 Others v Kato and 2 Others (Civil Suit 429 of 2016)

High Court · [2023] UGHCFD 134 · 2023 Judgment for Plaintiffs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit seeking revocation of fraudulently obtained letters of administration and declaration of rightful beneficiaries to deceased's estate
Decision
Letters of administration revoked; defendants' registration on estate property cancelled; estate to continue under Administrator General's administration; defendants permanently restrained from intermeddling with the estate

Observed later treatment

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Holding

Letters of administration obtained by defendants were procured fraudulently by misrepresenting themselves as children of the deceased and concealing the existence of a valid Will and prior administration by the Administrator General. The court revoked the fraudulently obtained letters of administration and ordered cancellation of defendants' registration on the estate property, but declined to grant new letters to plaintiffs as the estate had already been fully distributed by the Administrator General.

Outcome

Letters of administration revoked; defendants' registration on estate property cancelled; estate to continue under Administrator General's administration; defendants permanently restrained from intermeddling with the estate

Facts

The late Kanani Kasibante died testate on 21 May 1982 leaving a valid Will. The Administrator General obtained letters of administration with will annexed on 20 October 1983 vide HCAC No. 151 of 1983 and distributed the estate, filing a final account on 5 July 2011. In 2007, the defendants misrepresented themselves to the Administrator General as children of the deceased and obtained a certificate of no objection. They then petitioned for letters of administration stating the deceased died intestate in 1987, concealing the existence of the Will and prior administration. Letters of administration were granted to the defendants on 17 March 2008 vide HCAC No. 2045 of 2007. The defendants subsequently registered themselves as proprietors on estate land comprised in Block 732 Plot 2 at Kyamuyaga. The plaintiffs, who are biological children and grandchildren of the deceased, discovered the fraud and filed suit seeking revocation of the defendants' letters of administration and restoration of their rights as rightful beneficiaries.

Issues

  1. Whether the defendants fraudulently obtained letters of administration to the estate of the late Kanani Kasibante?
  2. Whether the subsequent actions of the defendants in the estate of the late Kanani Kasibante are lawful?
  3. What remedies are available to the parties?

Orders

  • The Letters of Administration granted to the Defendants for the estate of the late Kanani Kasibante vide Administration Cause No. 2045 of 2007 are hereby revoked.
  • The defendants shall render to this court a full account of the properties and credits of the late Kanani Kasibante's estate from 2008 to date.
  • The defendants shall be liable for all actions done as a result of their holding Letters of Administration to the estate of the late Kanani Kasibante vide Administration Cause No. 2045 of 2007.
  • An order for cancellation of the defendants' name from the certificate of title to the land comprised in Ssingo Block 723 Plot 2 at Kyamuyaga plus other properties of the said deceased, if found to be registered in the defendants' name at the time of judgment, hereby issues.
  • All certificates of title earlier registered in the names of the late Kanani Kasibante and all unregistered properties shall revert to his name and any future registration done in accordance with the distribution scheme filed by the Administrator General shall emanate there from.
  • The Administrator General shall continue to administer the estate for purposes of the required transfers to avoid confusion and for purposes of closure.
  • The petition for letters of administration filed by the plaintiffs in respect of the estate of the late Kanani Kasibante vide High Court Administration Cause No. 431 of 2016 is hereby struck out.
  • The Defendants and or their agents are hereby permanently restrained from intermeddling with the estate of the late Kanani Kasibante.
  • The defendants shall pay UGX 50,000,000/= (Fifty million Uganda shillings) as general damages to the estate of the late Kanani Kasibante.
  • The defendants shall bear the costs of this suit.

Rules and key headnotes

Letters of Administration — Fraudulent Procurement — Revocation
Letters of administration may be revoked under section 234(2)(b) of the Succession Act where the grant was obtained fraudulently by making false suggestions or concealing material facts from the court, including misrepresenting oneself as a child of the deceased and concealing the existence of a valid Will and prior administration.
Letters of Administration — Dual Grants — Invalidity
It is not legal for two grants of letters of administration to the same estate to different persons to co-exist; where an estate already has an administrator, any subsequent grant of letters of administration over the same estate is null and void from the onset.
Administration — Final Account — Effect of Filing
Once the Administrator General files a final account showing distribution of an estate, administration is concluded and there is nothing remaining for renunciation or handover to other parties; any subsequent renunciation by the Administrator General after filing a final account is of no effect.
Registration of Titles — Fraud — Effect on Indefeasibility
Fraud is an exception to the indefeasibility of title under section 59 of the Registration of Titles Act; under section 77 of the Act, any certificate of title procured by fraud is void as against all parties or privies to the fraud and the transferee's title may be cancelled.
Burden of Proof — Fraud
Fraud involves an intentional perversion of truth for purposes of inducing another to part with something valuable or surrender a legal right; it includes false representations, misleading allegations, or concealment of material facts intended to deceive another to their legal injury.
Default of Defence — Effect of Failure to File
Where a party is effectively served with summons to file a defence and opts not to file one, all facts stated in the plaint are deemed not denied by that party, although the claims themselves must still pass probity.

Legislation cited (7)

Cases cited (12)

  • Sengendo v Attorney General (1972) 1 EA 140
  • Mufumba Fredrick v Waako Lastone (Revision Cause No. 006 of 2011)
  • Prof. Oloka Onyango & Others v Attorney General (Constitutional Petition No. 6 of 2014)
  • Massa v Achen [1978] HCB 279
  • Samwiri Massa v Rose Achen (1978) HCB 297
  • Fredrick J.K Zaabwe v Orient Bank & Others (Supreme Court Civil Appeal No. 4 of 2006)
  • Stella Maris Amabilis & Another v Esther Nabusakala [2009] UGHC 21
  • Fam International Limited and Ahmad Farah v Mohamed El Faith [1994] KALR 307
  • Kampala Bottlers Limited v Damanico (U) Ltd (Civil Appeal No. 22 of 1992)
  • Uganda Commercial Bank v Kigozi [2002] 1 EA 305
  • Hadley v Baxendale (1854) 9 Exch 341
  • Charles Acire v. M. Engola

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Ddumba and 2 Others v Kato and 2 Others (Civil Suit 429 of 2016) [2023] UGHCFD 134 (4 January 2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.